Section 90801 - DefinitionsFor the purposes of this subchapter, the following definitions apply:
(a) "Architectural Coating" means a coating to be applied to stationary structures or their appurtenances at the site of installation, to portable buildings at the site of installation, to pavements, or to curbs. Coatings applied in shop applications or to non-stationary structures such as airplanes, ships, boats, railcars, and automobiles, and adhesives are not considered architectural coatings for the purposes of this subchapter.(b) "Architectural Coatings Manufacturer" means: (1) any company or person that imports, manufactures, produces, packages, or repackages architectural coatings for sale or distribution in the State of California; and(2) for an architectural coatings manufacturer under the control of a holding or parent company, the holding or parent company.(c) "Company" means any firm, association, partnership, business trust, corporation, joint-stock company, limited liability company, or similar organization.(d) "Consumer Product" means a chemically formulated product used by household and institutional consumers including, but not limited to, detergents; cleaning compounds; polishes; floor finishes; cosmetics; personal care products; home, lawn, and garden products; disinfectants; sanitizers; aerosol paints; and automotive specialty products; but does not include other paint products, furniture coatings, or architectural coatings. As used in this subchapter, the term "consumer product" shall also refer to aerosol adhesives, including aerosol adhesives used for consumer, industrial, and commercial uses.(e) "Consumer Products Manufacturer" means: (1) any company, firm, or establishment which is listed on a consumer product's label; if the label lists two companies, firms, or establishments, the consumer products manufacturer is the party which the product was "manufactured for" or "distributed by", as noted on the label; and(2) for a consumer products manufacturer under the control of a holding or parent company, the holding or parent company.(f) "District" means an air pollution control district or an air quality management district created or continued in existence pursuant to Part 3 (commencing with section 40000), Division 26, Health and Safety Code.(g) "Executive Officer" means the Executive Officer of the state board or his or her delegate.(h) "Facility" means any nonvehicular source which requires a permit from the district.(i) "Holding or parent company" means any company that has control over another company. For the purposes of this subchapter, a company has control over another company if: (1) the company directly or indirectly or acting through one or more other persons owns, controls, or has power to vote more than 50 percent of the voting securities of the other company; or(2) the company controls in any manner the election of a majority of the directors or trustees or individuals exercising similar functions of the other company; or(3) the company has the power to exercise, directly or indirectly, a controlling influence over the management or policies of the other company.(j) "Nonattainment pollutant" means any substance for which an area is designated in Sections 60200-60209 as not having attained a state ambient air quality standard listed in section 70200, Title 17, California Code of Regulations, as of July 1 of the fiscal year for which fees are being collected.(k) "Nonattainment pollutants and precursors" shall be defined as follows: | Substance (as listed in Section 70200, Title 17, CCR): | nonattainment pollutant/precursor: |
| | |
| Ozone | reactive organic gases |
| | oxides of nitrogen |
| Sulfur Dioxide | oxides of sulfur |
| Sulfates | oxides of sulfur |
| Nitrogen Dioxide | oxides of nitrogen |
| Carbon Monoxide | carbon monoxide |
| Suspended Particulate Matter (PM 10) | suspended particulate matter (PM10), |
| | oxides of nitrogen, |
| | oxides of sulfur |
| | reactive organic gases |
| Visibility Reducing Particles | suspended particulate matter (PM10), oxides of nitrogen, oxides of sulfur |
| | reactive organic gases |
| Hydrogen Sulfide | hydrogen sulfide |
| Lead | lead |
(l) "Nonattainment precursor" means any substance which reacts in the atmosphere to contribute to the production of a nonattainment pollutant or pollutants in an area designated in sections 60200-60209 as not having attained a state ambient air quality standard listed in section 70200, Title 17, California Code of Regulations, as of July 1 of the fiscal year for which fees are being collected.(m) "Operator" means the person who owns or operates a facility or part of a facility.(n) "Volatile Organic Compound" or "VOC" means any compound containing at least one atom of carbon, excluding carbon monoxide, carbon dioxide, carbonic acid, metallic carbides or carbonates, and ammonium carbonate, and excluding the following: (1) methane, methylene chloride (dichloromethane), 1,1,1-trichloroethane (methyl chloroform), trichlorofluoromethane (CFC-11), dichlorodifluoromethane (CFC-12), 1,1,2-trichloro-1,2,2-trifluoroethane (CFC-113), 1,2-dichloro-1,1,2,2-tetrafluoroethane (CFC-114), chloropentafluoroethane (CFC-115), chlorodifluoromethane (HCFC-22), 1,1,1-trifluoro-2,2-dichloroethane (HCFC-123), 1,1-dichloro-1-fluoroethane (HCFC-141b), 1-chloro-1,1-difluoroethane (HCFC-142b), 2-chloro-1,1,1,2-tetrafluoroethane (HCFC-124), trifluoromethane (HFC-23), 1,1,2,2-tetrafluoroethane (HFC-134), 1,1,1,2-tetrafluoroethane (HFC-134a), pentafluoroethane (HFC-125), 1,1,1-trifluoroethane (HFC-143a), 1,1-difluoroethane (HFC-152a), cyclic, branched, or linear completely methylated siloxanes, the following classes of perfluorocarbons:(A) cyclic, branched, or linear, completely fluorinated alkanes;(B) cyclic, branched, or linear, completely fluorinated ethers with no unsaturations;(C) cyclic, branched, or linear, completely fluorinated tertiary amines with no unsaturations; and(D) sulfur-containing perfluorocarbons with no unsaturations and with the sulfur bonds to carbon and fluorine; and(2) the following low-reactive organic compounds which have been exempted by the U.S. EPA: acetone, ethane, methyl acetate, parachlorobenzotrifluoride (1-chloro-4-trifluoromethyl benzene), and perchloroethylene (tetrachloroethylene).Cal. Code Regs. Tit. 17, § 90801
1. New section filed 10-6-89; operative 11-5-89 (Register 89, No. 43).
2. Amendment of subsections (b), (c) and (d) filed 9-18-91; operative 10-18-91 (Register 92, No. 2).
3. Editorial correction of printing error in subsection (d) (Register 92, No. 2).
4. Amendment of subsection (d) and new subsection (f) filed 4-14-98; operative 4-14-98 pursuant to Government Code section 11343.4(d) (Register 98, No. 16).
5. Amendment of section and NOTE filed 2-5-2004; operative 2-5-2004 pursuant to Government Code section 11343.4 (Register 2004, No. 6). Note: Authority cited: Sections 39600, 39601, 39612 and 39613, Health and Safety Code. Reference: Sections 39002, 39500, 39600, 39612 and 39613, Health and Safety Code.
1. New section filed 10-6-89; operative 11-5-89 (Register 89, No. 43).
2. Amendment of subsections (b), (c) and (d) filed 9-18-91; operative 10-18-91 (Register 92, No. 2).
3. Editorial correction of printing error in subsection (d) (Register 92, No. 2).
4. Amendment of subsection (d) and new subsection (f) filed 4-14-98; operative 4-14-98 pursuant to Government Code section 11343.4(d) (Register 98, No. 16).
5. Amendment of section and Note filed 2-5-2004; operative 2-5-2004 pursuant to Government Code section 11343.4 (Register 2004, No. 6).